• New law of cheque bounce is it applicable for old cases

Dear Madam / Sir , 

we have few cheque bounce cases running in district court since 2016 , 2017 & Feb 2018 . 

The new law passed by parliament in 2018 , is it applicable on old cases too ? can our lawyer request judge to pass an order of immediately making 20% payment of cheque amount ? 

Also can an FIR be lodged too ? what sections , besides 420 ofcourse can be added ?
Asked 4 years ago in Criminal Law
Religion: Hindu

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8 Answers

It would have restrospective wffect and would be applicable to pending cases too

2) your lawyer can make application to direct accused to make 20 per cent of cheque amount

3) you can file separate case of cheating against accused

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hello,

Yes an application for interim release of the amount during the pendency of the case can be made as per the amendment.

Also if you go ahead and file FIR the same will be closed on the ground that the case is pending.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The amendment made in any law is prospective in nature unless the statute makes it specifically to be effective retrospectively.

The drawee can initiate a fresh proceeding under section 420 IPC but can not add this new section anymore in the pending proceeding filed under section 138 NI Act.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No it is not applicable retrospectively..

The lawyer cannot file 143A application for interim compensation.

Yes for cheating and breach of trust 406 ipc and 420 ipc FIR can be loved.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as per theninformation mentioned in the present query, makes it clear that you want to know the retrospective effect of the new amendment by the parliament.

Secondly, answer is yes, you may request before the court to take up ththe provision as it has now been applicable.

As civil law applies retrospectively unlike criminal law.

Thirdly, let me tell you that section 420 now is not attracted after the recent Supreme Court judgment, so there the other party may also take advantage of that to get the rid of this section.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear.Sir, the new.amendment in negotiable instruments act is not retrospective in nature. Hence, cases prior to coming of this amendment will not bear the fruit of it.

However, you can still demand the compliance of new law by arguing that the intent of the amendment is to dispose of cases quickly since only money issue is involved thereby reducing the pendency.

On the point of filing an FIR, circumstances of the case need to be looked into before advising on this issue

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Dear client,

It is clear that clear that you want to know the retrospective effect of the new amendment by the parliament. I would suggest you to make an attempt before the court by recent amendments try out to file an application and it’s upon the court to take it or not.

1. Consult your advocate and tell him that as per the recent amendment of 2018 of section 143A can make application to the court to direct the accused to make 20 per cent of interim compensation of cheque amount.

2. See you have can file separate case of cheating case as

Per section 420 of ipc against accused person.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

The new law is not having retrospective effect.

Since ther is no retrospective effect on the new law, you canot approach court for this concession for your existing case.

If you have already approached court with cheque bounce cae, the police may not entertain any complaint on the same matter, even if the police registers FIR, this can be treated as double jeopardy and the accused may approach high court for quash.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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